Can most minors in Minnesota receive an abortion without notifying their parents?

18 July 2023

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In most cases, minors must notify a parent or legal guardian before receiving an abortion in Minnesota. Unemancipated minors still under the supervision of a parent or legal guardian may not consent to nor receive an abortion until after 48 hours of notification. However, the parent or guardian cannot revoke the recipient’s consent.

There are a few exceptions. An unemancipated minor’s parent or guardian is not required to be notified if a doctor determines an abortion is necessary to prevent the death of the minor; if the guardian authorizes the abortion; or if the pregnant minor declares they experienced sexual abuse, neglect, or physical abuse.

Emancipated minors can give effective consent to medical, mental and other health services to treat or determine the status of pregnancy without the need to notify anyone. This includes, but is not limited to, abortion.

In July 2022, the Minnesota Supreme Court found an old rule requiring notification of both parents (regardless of relationship with the minor) unconstitutional on the basis of privacy.

This Fact Brief is responsive to conversations such as this one.

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